Human Rights

Firstly, the Planning and Development Act 2000 places no express obligation on the prosecution to prove that the “development” is unauthorised. Development, whether of use or of works, is not unauthorised unless it post-dates 1st October 1964.

On 12th January 1943 the German 6th Army was trapped (approximately 190,000 men at that point) at Stalingrad. The Soviet Union had launched counter-offensives code named Uranus and Saturn (followed, later, by Mars).

The job of the police who carry out these investigations is not easy. Every police officer is trained in the giving of evidence. If they do not wish to disclose the true course of events it is easy for them to tailor their account to suit the needs of the situation.

For this reason a court has to be very careful in making orders ex parte. The absolute necessity for the making of the order without notification to the respondent must be shown. Considerable damage may be inflicted on the respondent, unfairly, by an order restraining the respondent from acting in some matter or fashion.